• Report: #848692

Complaint Review: Title Max

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  • Submitted: Sun, March 04, 2012
  • Updated: Mon, March 05, 2012

  • Reported By: Millie — Clarksville Tennessee United States of America
Title Max
2168 Wilma rudolph blvd Clarksville, Tennessee United States of America

Title Max I'm currently under the bankruptcy courts and have already filed yet when I went outside to get something out of my car the supposedly had a repossession on the vehicle. This is against the law Clarksville , Tennessee

*Consumer Comment: Another question is what rights did you waive

*Consumer Comment: Don't like this regardless

*Consumer Comment: A lot of big words there...

*Consumer Comment: Bankruptcy laws of Tennessee??? Really??

*Consumer Comment: Have you been making Payments til you plan is approved?

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On March 4, 2012, I came outside to grab some documentation for work only to find me car missing out of my drive way. This is a federal violation of my rights as I have been or supposed to have been protected under the bankruptcy laws of Tennessee where they can NOT take redemption of your car when filing a chapter 13 which stipulates and order from the treasury department that stipulates that no collection of materials or loans given prior to the bankruptcy manifestation is allowable for repossession or seizure of the items needed for collecting the collateral items.

They also did not have the audacity to provide me the availability to retrieve the matters/items collected versus just takin all the personal and private government documentation for which were plentiful with work matters. This company is in direct violation on all federa matters and should be fined by NOT following proper protocol, procedures , and technical matters as stated in their own black and white print. This car is my only way to and from work and with out this vehicle I am at rush of losing my job for TitleMax not following their own procedural matters !!!

This report was posted on Ripoff Report on 03/04/2012 09:29 PM and is a permanent record located here: http://www.ripoffreport.com/r/Title-Max/Clarksville-Tennessee-37042/Title-Max-Im-currently-under-the-bankruptcy-courts-and-have-already-filed-yet-when-I-wen-848692. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Another question is what rights did you waive

AUTHOR: Steven - (U.S.A.)

Look over the loan agreement fine print. I think for Titlemax you agreed to be bound by the laws of GA when it comes to interest and collections.

Check with your lawyer about what can and cannot be done.
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#2 Consumer Comment

Don't like this regardless

AUTHOR: MochaG - (United States of America)

Even though I feel sympathy to your situation, at the same time I feel that it is also from your negligence and could also be an abuse of the system. I saw so many ads from law firms in Tennessee saying that one should use the power of bankruptcy to prevent car repossession. So my questions are:

When did you file for bankruptcy?
When did you get the money for title loan?
When was the date in which you were supposed to make a payment on the loan and you did not?
What was their contract said about grace period?

To me, it sounds like you were told that bankruptcy could help you keep your car after you have already gotten some money from your title loan and did not make the payment. That's why you started the process to file for bankruptcy. Not sure that the law would help for title loan, not the real car loan...
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#3 Consumer Comment

A lot of big words there...

AUTHOR: Robert - (U.S.A.)

I hope you have a Bankruptcy Attorney, and not trying to do this on your own.  Because it appears that you have left out some details that may be important.

When was your Bankruptcy Filed?  It may take the court a week or two to notify all of your creditors that you have filed Bankruptcy.  So if they did not know you filed, while the Repo may be invalid, the most that would probably happen is that your Lawyer will file a motion and the court would require them to return it.

Have you been making payments?  In general with a secured loan you still need to make payments.  If you fail to do that they creditor may petition the court to allow them to Repossess it.

Now, if you have been making payments, they had plenty of time to call off the Repo after they were notified, and didn't go to the court to approve repossessing the car.   Then you may have a very good claim against them for damages for violating a court order.  This should then be a no brainier for your lawyer.  That is if you posting the entire truth.
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#4 Consumer Comment

Bankruptcy laws of Tennessee??? Really??

AUTHOR: Southern Chemical and Equipment LLC - (USA)

Bankruptcy protection is FEDERAL.



It is the US Bankruptcy Court / Protection.



Does Tennessee have it's own bankruptcy code?



Pleaser post it here.

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#5 Consumer Comment

Have you been making Payments til you plan is approved?

AUTHOR: Steven - (U.S.A.)

"No repossession when you file for bankruptcy. If the lender has not repossessed your car and you file for bankruptcy, the automatic stay prevents the lender from repossessing your car until the bankruptcy judge approves your repayment plan. Then, if your repayment plan deals with the back payments (the arrearage) on your car loan, the
lender cannot repossess your car during and after the bankruptcy (assuming you stay current on your payments).Although the lender cannot repossess the car due to having back payments, you must make
"adequate protection" payments from the time you file for bankruptcy until your plan is approved. These payments are designed to cover the depreciation of your car during this time period. Usually, adequate protection payments are equal to the amount of your car payment. So, once you file for bankruptcy, keep on making your car payments until
your plan is confirmed."

I would bet you probably haven't been making the payments required.
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